Public-domain · open source
OpenJurist
← 165 F.3d 426 - Hamlin

Hamlin’s Empirical Analysis

Citation profile

25
cited by 25 later decisions
3
states following
July 2020
most recently cited

3 state decisions

How this case has been cited

Cited by 25 later decisions — most recently July 2020 · most notably Skalka, McQuain v. Ebner Furnaces, Inc. (1999)

3 state decisions

1601990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Hensley v. Eckerhart · Albemarle Paper Co. v. Moody · Johnson v. Georgia Highway Express, Inc. · Blanchard v. Bergeron · United States v. Timmreck

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[T]he contingent nature of the fee may be considered when calculating the reasonable hourly billing rate to provide an allowance for contingent risks assumed by the attorney..... In other words, the reasonable hourly rate may be adjusted upward to account for the risk of non-payment inherent in a contingency fee arrangement.”
    2 later decisions quote this exact passage · from the majority
  2. “Applying the collateral source rule in the employment discrimination context prevents the discriminatory employer from avoiding liability and experiencing a windfall, and also promotes the deterrence functions of discrimination statutes. See Thurman, 90 F.3d at 1171 (“Permitting an employer to benefit from other sources of income like unemployment compensation and worker’s compensation would not serve the deterrence function of [Title VII] — - [U]nem-ployment compensation is not paid to discharge a liability of the employer. It is paid to carry out the social policies of the state.”). These decisions of our court are consistent with the holdings in other circuits. See, e.g., Doyne v. Union Elec. Co., 953 F.2d 447, 451-52 (8th Cir.1992) (finding that pension payments from a collateral source should not have been deducted from the plaintiff’s jury verdict in an age discrimination case); EEOC v. O’Grady, 857 F.2d 383 , 389 (7th Cir. 1988) (affirming the district court’s refusal to offset pension benefits from an age discrimination award).”
    1 later decision quote this exact passage · from the majority
  3. “(1) the time and labor required; (2) the novelty and difficulty of the questions; (3) the skill requisite to perform the legal service properly; (4) the preclusion of employment by the attorney due to acceptance of the case; (5) the customary fee; (6) whether the fee is fixed or contingent; (7) time limitations imposed by the client or the circumstances; (8) the amount involved and the result obtained; (9) the experience, reputation, and ability of the attorneys; (10) the “undesireability” of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.